Legal issues involved in Governor Rod Blagojevich's appointment of former Illinois Attorney-General Roland Burris to fill Obama's vacant Senate seat may prevent Senate Democrats from doing anything to stop it.
The Democratic Caucus of the U.S. Senate has stated that it would refuse to allow Burris to become a member of Congress due to the scandal surrounding Blagojevich's alleged scheme to sell the Senate seat to the highest bidder.
Barack Obama agrees.
But according to Eugene Volokh at The Volokh Conspiracy, legal precedent established by cases such as Powell v. McCormack would prevent a court from ruling in favor of blocking Burris, should that action be challenged in the judicial system.
Under normal circumstances I would agree. But this case is different in that the Governor who is making the appointment is under a federal indictment for attempting to sell that very Senate seat to the highest bidder.
The fact that Burris himself may not be corrupt or that Blagojevich is not engaging in corruption for making this particular appointment is beside the point. The point is that Blagojevich's involvement in possible federal crimes having to do with that very Senate seat should automatically disqualify him from making the appointment.
Wednesday, December 31, 2008
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